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(1) The author
of a computer program shall be the natural person or group of natural
persons who have created the program, or the legal entity that is
recognized as the owner of the copyright in the cases expressly provided
for in the Law on Intellectual Property.
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(2) In
the case of collective works the person, whether natural person or
legal entity, who publishes it and discloses it under his name shall
be considered the author thereof, unless otherwise agreed. |
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(3) The
copyright in a computer program that is the unitary result of
collaboration on the part of two or more authors shall be common
property and shall accrue to all of them in such proportions as they
may determine. |
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(4) Where
a salaried worker creates a computer program in the execution of his
duties or on instructions given him by his employer, ownership of
the economic rights in the computer program so created—including
both the source program and the object program—shall accrue
exclusively to the employer, unless otherwise agreed. |
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Beneficiaries of
Protection |
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Art. 3.
Protection shall be granted to all persons, whether natural persons
or legal entities, who meet the requirements laid down in the Law on
Intellectual Property for the protection of copyright. |
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Art. 4. Without
prejudice to the provisions of the or in and to shall is
include right authorize Articles 5 6, exclusive exploitation
computer program accruing whatever person owner thereof terms
Article 2 carry out following:<> |
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(a)
total or partial reproduction of a computer program by any
means and in any form, whether permanent or temporary; where the
loading, displaying, running, transmission or storage of a program
call for such reproduction, those acts shall require authorization,
which shall be given by the owner of the rights; |
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(b)
the translation, adaptation, arrangement or any other
alteration of a computer program and the reproduction of the results
thereof, without prejudice to the rights of the person who alters
the program; |
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(c)
any form of distribution to the public, including rental, of
the original or copies of the computer program. The first sale in
the Community of a copy of a program by the owner of the rights or
with his consent shall exhaust the distribution right of that copy,
with the exception of the right to control further rental of the
program or a copy thereof. |
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Exceptions to Restricted
Acts |
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(1)
Unless otherwise specified by contract, reproduction or
alteration of a computer program, including the correction of
errors, shall not require authorization by the owner of rights where
those acts are necessary for the use of the computer program by the
lawful user in accordance with its intended purpose. |
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(2) The
making of a backup copy by a person having a right to use the
computer program may not be prevented by contract insofar as it is
necessary for that use. |
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(3) The
lawful user of a copy of a computer program shall be entitled,
without the authorization of the owner of rights, to observe, study
or test the functioning of the program in order to determine the
ideas and principles that underlie any element of the program if he
does so while performing any of the acts of loading, displaying,
running, transmitting or storing the program that he is entitled to
perform. |
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(1) The
authorization of the owner of rights shall not be required where
reproduction of the code and translation of its form within the
meaning of Article 4(a) and (b) of
this Law are indispensable to obtain the information necessary to
achieve the interoperability of an independently created program
with other programs, provided that the following conditions are
met: |
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(a)
the acts are performed by the licensee or by any other person
having a right to use a copy of the program, or on their behalf by a
person authorized to do so; |
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(b)
the information necessary to achieve interoperability has not
previously been readily and rapidly available to the persons
referred to in the foregoing subparagraph; |
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(c)
the said acts are confined to the parts of the original
program that are necessary to achieve interoperability. |
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(2) The
exception provided for in paragraph (1) of this Article
shall be applicable insofar as the information so
obtained: |
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(a)
is used only to achieve the interoperability of the
independently created program; |
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(b)
is given to others only when necessary for the
interoperability of the independently created program; |
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(c)
is not used for the development, production or marketing of a
computer program substantially similar in its expression, or for any
other act that infringes copyright. |
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(3) The
provisions of this Article may not be interpreted in such a way as
to allow its application to prejudice unreasonably the legitimate
interests of the owner of the rights, or conflict with normal
exploitation of the computer program. |
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Art. 7. The
rights recognized in this Law shall be protected in the manner laid
down in Article 97 of the Law on Intellectual
Property where the author is a legal entity, and for the life of the
author and for 50 years after his actual or declared death or
that of the last surviving co-author in the case of natural
persons. |
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Where the computer program
is an anonymous or pseudonymous work, the term of protection shall
be 50 years from the time at which it is first lawfully made
available to the public, the term of protection being deemed to
begin on January 1 of the year following that of the said
event. |
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Art. 8. For the
purposes of this Law, and without prejudice to the provisions of any for persons the in those and shall without
provided Articles 5 owner he considered infringers copyright copyright,
who, authorization thereof, perform acts Article 4,
particular:<> |
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(a)
those who bring one or more copies of a computer program into
circulation when they know or can presume that they are unlawful in
character; |
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(b)
those who stock one or more copies of a computer program for
commercial purposes when they know or can presume that they are
unlawful in character; |
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(c)
those who bring into circulation or stock for commercial
purposes any material the sole purpose of which is to facilitate the
unauthorized removal or neutralization of any technical device used
to protect a computer program. |
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Special Measures of
Protection |
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(1)
Without prejudice to such other actions as may be available to
him, the owner of the rights recognized by this Law may seek the
cessation of the unlawful activity of the infringer, demand
indemnification consistent with the material and moral damage done
and apply to the court for the institution of precautionary measures
for immediate protection within the meaning of Title I of Part III of the Law on
Intellectual Property. |
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(2) For
the purposes of this Law, and prior to the notification to the
parties of the written claim seeking the precautionary measures, as
provided in Article 127 of the Law on
intellectual Property, the court may seek such reports or order such
investigations as it may consider appropriate. |
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(3) The
precautionary measures for the urgent protection of copyright may
include the seizure of the material referred to in
Article 8(c) in the manner laid down in Article 126 of the Law on Intellectual
Property. |
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(4) The
cessation of the unlawful activity may include the disablement, and
where necessary the destruction, of the material referred to in the
foregoing paragraph. |
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Continued Application of
Other Legal Provisions |
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Sole Additional
Provision. The provisions of this Law shall be without prejudice
to any other legal provisions such as those concerning patent
rights, trademarks, unfair competition, trade secrets, protection of
semiconductor products or tile law of contract. |
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Sole Transitional
Provision. The provisions of this Law shall be applicable to
programs created prior to the entry into force thereof, without
prejudice to acts already performed and to rights already acquired
prior to that date. |
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Sole Repeal
Provision. All provisions of equal or lower rank that conflict
with those laid down in this Law are hereby repealed. |
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Entry Into Force of the
Law |
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First Final
Provision. This Law shall enter into force on the day following
that of its publication in the Official Bulletin of the
State. |
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Legislative Empowerment
of the Government |
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Second Final
Provision. The Government is hereby empowered to approve, by
June 30, 1995, a text that revises the legal provisions on
intellectual property that are in force on the entry into force of
this Law by regularizing, clarifying and harmonizing such legal
texts as require revision. |
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